Revised Code of Washington
Wash. Rev. Code § 79.02.030 (2026)
Court review of actions
✓ current as of May 2026
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Any applicant to purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights or interests will be affected by such sale or lease, feeling aggrieved by any order or decision of the board, or the commissioner, concerning the same, may appeal therefrom to the superior court of the county in which such lands or materials are situated, by serving upon all parties who have appeared in the proceedings in which the order or decision was made, or their attorneys, a written notice of appeal, and filing such notice, with proof, or admission, of service, with the board, or the commissioner, within thirty days from the date of the order or decision appealed from, and at the time of filing the notice, or within five days thereafter, filing a bond to the state, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the secretary of the board, or the commissioner, conditioned that the appellant shall pay all costs that may be awarded against the appellant on appeal, or the dismissal thereof. Within thirty days after the filing of notice of appeal, the secretary of the board, or the commissioner, shall certify, under official seal, a transcript of all entries in the records of the board, or the commissioner, together with all processes, pleadings and other papers relating to and on file in the case, except evidence used in such proceedings, and file such transcript and papers, at the expense of the applicant, with the clerk of the court to which the appeal is taken. The hearing and trial of said appeal in the superior court shall be de novo before the court, without a jury, upon the pleadings and papers so certified, but the court may order the pleadings to be amended, or new and further pleadings to be filed. Costs on appeal shall be awarded to the prevailing party as in actions commenced in the superior court, but no costs shall be awarded against the state, the board, or the commissioner. Should judgment be rendered against the appellant, the costs shall be taxed against the appellant and the appellant's sureties on the appeal bond, except when the state is the only adverse party, and shall be included in the judgment, upon which execution may issue as in other cases. Any party feeling aggrieved by the judgment of the superior court may seek appellate review as in other civil cases. Unless appellate review of the judgment of the superior court is sought, the clerk of said court shall, on demand, certify, under the clerk's hand and the seal of the court, a true copy of the judgment, to the board, or the commissioner, which judgment shall thereupon have the same force and effect as if rendered by the board, or the commissioner. In all cases of appeals from orders or decisions of the commissioner involving the prior right to purchase tidelands of the first class, if the appeal is not prosecuted, heard and determined, within two years from the date of the appeal, the attorney general shall, after thirty days' notice to the appellant of the attorney general's intention so to do, move the court for a dismissal of the appeal, but nothing herein shall be construed to prevent the dismissal of such appeal at any time in the manner provided by law.
[ 2003 c 334 s 397. Prior: 1988 c 202 s 59; 1988 c 128 s 56; 1971 c 81 s 139; 1927 c 255 s 125; RRS s 7797-125; prior: 1901 c 62 ss 1 through 7; 1897 c 89 s 52; 1895 c 178 s 82. Formerly RCW 79.01.500, 79.08.030.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1988 c 202: See note following RCW 2.24.050.
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 2006–2026 · leading case: Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007).
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “¶6 In October 2005, a month after DNR leased the Echo Bay bedlands to F/V Puget, the Echo Bay Community Association, whose members owned tidelands adjacent to Echo Bay, filed an appeal under RCW 79.02.030 2 challenging the lease’s validity.”
Nw. Alloys, Inc. v. State Of Washington Dep't Of Nat. Resources, 447 P.3d 620 (Wash. Ct. App. 2019). “NWA and Millennium contend that under RCW 79.02.030, the superior court should review de novo DNR’s denial of consent to sublease by applying the “reasonably prudent person” test.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “¶ 6 In October 2005, a month after DNR leased the Echo Bay bedlands to F/V Puget, the Echo Bay Community Association, whose members owned tidelands adjacent to Echo Bay, filed an appeal under RCW 79.02.030 [2] challenging the lease's validity.”
Northlake Marine Works, Inc. v. Dep't of Nat. Resources, 138 P.3d 626 (Wash. Ct. App. 2006). “Under this statute, [a]ny applicant to purchase, or lease, any aquatic lands of the state, or any valuable materials thereon, and any person whose property rights or interest will be affected by such sale or lease, feeling himself or herself aggrieved by any order or decision of…”
Cooke Aquaculture Pac., Llc., V. Dept. Nat. Resource (Wash. Ct. App. 2021). “PROCEDURAL HISTORY On January 4, 2018, Cooke filed a “notice of appeal under RCW 79.02.030” (lease termination action) and a complaint for declaratory judgment in Clallam County Superior Court.”
Cooke Aquaculture Pac., Llc V State Of Wa Dept. Of Nat. Resources (Wash. Ct. App. 2024). “Cooke appealed DNR’s termination of the lease, filing an administrative appeal under RCW 79.02.030 and a complaint seeking a declaratory judgment that DNR had no basis for terminating the lease and alleging that DNR breached its duty of good faith and fair dealing.”
Ctr. For Sustainable Econ., Resps V. Wa State Dept Of Nat. Resources, Apps (Wash. Ct. App. 2026). “The Coalition filed a timely appeal to the King County Superior Court under RCW 79.02.030 (Public Lands Act) and RCW 43.”
Ctr. For Sustainable Econ., Resps V. Wa State Dept Of Nat. Resources, Apps (Wash. Ct. App. 2026). “The Coalition filed a timely appeal to the King County Superior Court under RCW 79.02.030 (Public Lands Act) and RCW 43.”
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